The uMkhonto weSizwe Secretary-General Floyd Shivambu said that Duduzile Zuma-Sambudla’s arrest and charges are an act of intimidation aimed indirectly at her father.
Shivambu was speaking outside the Durban Magistrates Court on Thursday, where Zuma-Sambudla, the daughter of former president Jacob Zuma, appeared on charges of incitement to commit terrorism and two counts of incitement to commit public violence - in relation to the July 2021 riots.
The state is basing its charges on social media posts — wherein one of them was “We see you.”
Shivambu claimed the case against Zuma-Sambudla case is not going to go anywhere.
“There is no way you can prosecute a person with only ‘We see you’. Fifteen prosecutors, people with legal qualifications are going to be investigating a sentence that says ‘We see you’,” he said.
He added, “They are trying to oppress the politics of (Jacob) Zuma and what he represents, because he has never been accused of collaborating with the white capitalist monopoly.”
He said those attacking Sambudla-Zuma had realised that without her father doing anything, she had been rightfully elected as a member of parliament and as the chairperson of the southern caucus in the Pan-African parliament - which represents all the parliaments of Africa.
“She is chairing one of the most important caucuses”.
The state alleges that during the period of 29 June to 17th July 2021 in various places within South Africa, she “unlawfully and intentionally incited others to commit terrorism” using social media posts.
The state further alleges that she incited, instigated, or procured other persons known and unknown to the state to unlawfully assemble with common intent to forcibly disturb the public peace and invade the rights of other persons.
In addition, the state alleges that Sambudla-Zuma unlawfully and intentionally spoke words or published messages in circumstances that it might reasonably be expected that the natural and probable consequence of her speech would be the commission of public violence.
The violence in KwaZulu-Natal and Gauteng started after Zuma succumbed to pressure to hand himself to the police who escorted him on July 7, 2021, to serve a 15-month sentence at Estcourt Prison for defying the Constitutional Court order that he should appear at the Chief Justice Zondo-led inquiry.
Before and after Zuma’s incarceration, a group of his supporters took to social media and public platforms expressing views that were later seen as an instigation of violence.
In court, Zuma-Sambudla’s attorney, Advocate Dali Mpofu indicated that they intend to institute charges of malicious prosecution against the state.
In her affidavit, which was read out by Mpofu in court, Sambudla-Zuma said she intends to plead not guilty to all charges.
“The fact that it has taken four years to work out whether a small number of social media messages constitute ‘terrorism’ speaks for itself and is an indication that the NPA is clutching at straws with a very weak case,” read the affidavit.
Zuma-Sambudla handed herself over to the police on Thursday morning and then appeared before the magistrate’s court for the bail application.
The State and Mpofu were in agreement that she is not a flight risk and will not interfere with witnesses.
Magistrate Irfaan Khallil released Zuma-Sambudla on warning.
The matter will be transferred to the Durban High Court, where she will appear on 20 March 2025.
NPA spokesperson Advocate Mthunzi Mhaga said delay in charging Zuma-Sambudla was because the analysis of the social media posts in the right context with the images and videos had to be outsourced to experts - the South African Police Services does not have its own.
Speaking on behalf of Sambudla-Zuma outside the court, MK Party’s Magasela Mzobe thanked all the supporters and revealed that Sambudla-Zuma was notified about charges against her while representing the country in the Pan-African Parliament.
MK party members and the top leadership came out in full support of Sambudla-Zuma.
MK Party president Jacob Zuma, speaking outside court said that “these are scare tactics” similar to when he was “unconstitutionally” arrested in 2021.
